Warns of Eroding Public Safety Standards, Calls for Stronger Engagement with those Representing Fire and Life Safety Enforcement Professionals
CHARLESTON, W.Va. — The Fire Marshals Association of West Virginia (FMAWV) expresses deep disappointment with the outcomes of the 2025 Regular Legislative Session, citing continued erosion of fire and life safety codes that were developed in response to historical tragedies. These codes are essential to protecting the public, and FMAWV warns that weakening them invites a repeat of past disasters.
“Too many of our state lawmakers and leaders are prioritizing convenience and politics over public safety,” said a spokesperson for FMAWV. “Consensus safety standards exist for a reason: they were written in the aftermath of lives lost. If we continue to dilute them, people will get hurt—or worse.”
FMAWV is calling on members of the Legislature, executive branch officials, and the general public to engage directly with enforcement professionals such as our organization when crafting legislation related to fire and life safety. Our members are the boots on the ground – inspecting buildings, investigating fires, and enforcing the criminal laws that keep communities safe.
The Association offers the following positions on key legislation from the 2025 session:
House Bill 2074 – Limited Use Food Preparation Facilities
Position: Opposed
House Bill 2074 proposed eliminating certain fire safety requirements—specifically mechanical ventilation and automatic fire suppression—for food preparation facilities operating fewer than 15 days per calendar year. While the bill was not passed out of committee, some provisions were later incorporated into Legislative Rule by the State Fire Marshal, applying only to permanent structures and excluding mobile units such as tents or trailers.
The Fire Marshals Association of West Virginia (FMAWV) does not oppose the exemption for facilities operating fewer than 15 days per year. We recognize that limited-use facilities may not need the full scope of
fire safety measures as those operating year-round. However, we do have significant concerns about the lack of safeguards around this exemption.
First, the 15-day operational limit should be strictly enforced. Without clear mechanisms for tracking or reporting, there is no reliable way for fire code officials to verify compliance, which creates potential for misuse or oversight. A clear system for reporting and documentation would allow the authorities to ensure that facilities are operating within the allowed time frame and maintain safety standards.
Second, the language regarding “reasonable ventilation” is far too vague. This lack of specificity leaves too much room for interpretation, which undermines the effectiveness of the rule. Clear and enforceable standards for ventilation are critical to ensuring that cooking operations do not pose a fire risk, especially when cooking equipment generates grease-laden vapors or carbon monoxide. We believe the rule should clearly define what constitutes “reasonable ventilation” to allow for fair and consistent enforcement in the interest of public safety.
In conclusion, while we understand and support the need for flexibility for limited-use food preparation facilities, we believe it is essential that both the 15-day limit and the ventilation requirements are clearly defined and effectively enforced. The goal should be to strike a balance between safety and practicality, ensuring that all facilities, regardless of their operational frequency, meet appropriate safety standards.
House Bill 2905 – Obstruction of Firefighters and First Responders
Position: Supported
This bill would have increased penalties for obstructing emergency responders. It failed to advance out of committee.
“This bill was a missed opportunity to protect those who risk their lives for the public,” said the FMAWV spokesperson. “We hope to see it reintroduced.”
House Bill 3056 – Relating to the Office of State Fire Marshal
Position: Supported
House Bill 3056 sought to improve the Office of State Fire Marshal, align it with other specialty law enforcement agencies in the state, and to modernize its abilities as other agencies have successfully done in other parts of the country. Current limits often delay enforcement and compromise public safety. This proposal aimed to align them with other law enforcement professionals and reinforce existing training standards, while also recognizing the hard work, dedication, and extensive knowledge these professionals must maintain.
Regrettably, HB 3056 failed to advance—without granting the Fire Marshals Association of West Virginia (FMAWV) or other supportive organizations the opportunity to testify before the House Government Organization Committee. Even more disheartening in our legislative process, the State Fire Marshal was permitted to testify, but others were not, before the committee shut down the bill. We hope that the committee members reflect on this unfair process and hear all parties with interest on a piece of legislation before making any decisions on its future, especially those involving public safety.
House Bill 3471 – Fire Suppression Contractor Certification
Position: Opposed
FMAWV opposed this bill, which would have removed the requirement for fire suppression contractors to be trained and certified by specific manufacturers. The Association argues that manufacturer-specific systems vary, and contractor training is critical to ensuring public safety. The bill was not taken up in the committee. We are appreciative of those involved in this decision.
Senate Bill 88 –Residential Propane Tank Installations
Position: Supported
This bill aimed to require the State Fire Commission to establish rules governing the installation of propane tanks exceeding 250 gallons at residential properties. FMAWV supported this common-sense measure as a step toward enhancing the safety of both our citizens and the first responders who serve them. Unfortunately, the bill was not considered by committee.
Senate Bill 916 – Agritourism and Agricultural Occupancy Fire Code Revisions Position: Supported (As Introduced) – Opposed (As Amended)
FMAWV supported the original version of this year’s bill because it represented an opportunity to reintroduce basic Life Safety Code provisions to agritourism and agricultural event facilities—buildings that currently operate with no fire code oversight despite routinely hosting large public gatherings.
We recognize that a full exemption for these facilities was granted in a previous legislative session. That decision was made with the intention of supporting rural economic development and easing regulatory burdens on farmers. However, we believe after seeing several fires in West Virginia and obtaining records of exemptions from the WV Department of Agriculture via a FOIA request, it’s time to take a closer look at the unintended consequences of that exemption—and to have an honest conversation about the real risks involved.
These older agricultural structures were never designed to accommodate the public, especially when you’re putting hundreds upon hundreds of people in them at one time. Many were built decades ago, using highly combustible materials, and lack basic safety features such as adequate exiting, fire alarms, or even fire extinguishers. When used for events like weddings, festivals, or other large attendance functions, these buildings introduce real dangers—particularly when combined with temporary heating, lighting, decorations, or cooking equipment.
“These buildings do burn—and if we continue to ignore the risks, people will eventually die,” the FMAWV spokesperson warned. “We don’t want history to repeat itself.”
FMAWV worked in good faith throughout this session to find common ground. We communicated regularly with the sponsor and other committee members but got very little feedback from most. Unfortunately, a third reading amendment removed all fire and life safety language from the bill, rendering it ineffective as it relates to our focus on the bill. This bill did fail on the senate floor.
It’s worth noting that most other states that have adopted exemptions for agritourism have still chosen to implement revised minimum safety standards. These models often include performance-based options or tailored code provisions that respect the unique nature of these venues while still protecting the people who visit them. West Virginia deserves the same thoughtful approach.
This isn’t about shutting down barns or hurting small businesses. It’s about establishing clear, achievable safety expectations that can help prevent tragedy before it strikes. We owe that much to the families attending these events—and to the first responders who may one day be called to intervene when something goes wrong.
FMAWV remains committed to working with lawmakers, stakeholders, and the agricultural community to craft solutions that preserve tradition while safeguarding lives. This conversation isn’t over—and the risks aren’t going away.
Call to Action
FMAWV urges the Legislature, Executive Branch Officials, and the Public to engage directly with our association when developing or modifying laws that affect public safety or our association members. “We are ready to help. We’re not just policy voices—we’re the ones in the buildings, doing the work, every day to ensure the safety of West Virginia” the spokesperson said.
The Association will continue to fight for common-sense laws that protect our state and support our members and their ability to effectively serve. We want to ensure that West Virginia is a PROSPEROUS AND SAFE state to Live, Work, and Play!
